[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2052 Reported in Senate (RS)]
Calendar No. 677
108th CONGRESS
2d Session
S. 2052
[Report No. 108-321]
To amend the National Trails System Act to designate El Camino Real de
los Tejas as a National Historic Trail.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2004
Mrs. Hutchison introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
August 25, 2004
Reported under authority of the order of the Senate of July 22, 2004,
by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the National Trails System Act to designate El Camino Real de
los Tejas as a National Historic Trail.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``El Camino Real de los Tejas
National Historic Trail Act of 2004''.</DELETED>
<DELETED>SEC. 2. AUTHORIZATION AND ADMINISTRATION.</DELETED>
<DELETED> Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following:</DELETED>
<DELETED> ``(23) El camino real de los tejas.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(B), El Camino Real de los Tejas (The Royal Road of
historic Tejas) National Historic Trail, a combination
of historic routes totaling 2,580 miles in length from
the Rio Grande near Eagle Pass and Laredo, Texas, to
Natchitoches, Louisiana, and including the Old San
Antonio Road, as generally depicted on the maps
entitled `El Camino Real de los Tejas', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los Tejas,
Texas-Louisiana', dated July 1998. The National Park
Service is authorized to administer designated portions
of this trail system as a national historic trail as
set forth in this paragraph.</DELETED>
<DELETED> ``(B) Establishment.--</DELETED>
<DELETED> ``(i) Publicly owned lands.--
Congress authorizes the establishment of El
Camino Real de los Tejas national historic
trail and the respective administration on
those portions of the historic trail routes and
related historic sites within publicly owned
lands when such trail related resources meet
the purposes of this Act or certification
criteria set by the Secretary of the Interior
per section 3(a)(3) of this Act.</DELETED>
<DELETED> ``(ii) Privately owned lands.--
Congress authorizes the establishment of El
Camino Real de los Tejas national historic
trail and the respective administration on
those portions of the historic trail routes and
related historic sites within privately owned
lands only through the voluntary and expressed
consent of the owner and when such trails and
sites qualify for certification as officially
established components of the national historic
trail. The owner's approval of a certification
agreement satisfies the consent requirement.
Certification agreements are not legally
binding and may be terminated at any time.
Should land ownership change at a certified
site, the certification will cease to be valid
unless the new owner consents to a new
agreement.</DELETED>
<DELETED> ``(C) Private property rights
protection.--Nothing in this Act or in the
establishment of any portion of the national historic
trail authorizes any person to enter private property
without the consent of the owner. Nothing in this Act
or in the establishment of any portion of the national
historic trail will authorize the Federal Government to
restrict private property owner's use or enjoyment of
their property subject to other laws or regulations.
Authorization of El Camino Real de los Tejas National
Historic Trail under this Act does not itself confer
any additional authority to apply other Federal laws
and regulations on non-Federal lands along the trail.
Laws or regulations requiring public entities and
agencies to take into consideration a national historic
trail shall continue to apply notwithstanding the
foregoing. Notwithstanding section 7(g) of this Act,
the United States is authorized to acquire privately
owned real property or an interest in such property for
purposes of the national historic trail only with the
consent of the owner of such property and shall have no
authority to condemn or otherwise appropriate privately
owned real property or an interest in such property for
the purposes of El Camino Real de los Tejas National
Historic Trail.</DELETED>
<DELETED> ``(D) Coordination of activities.--The
Secretary of the Interior may coordinate with United
States and Mexican public and nongovernmental
organizations, academic institutions, and, in
consultation with the Secretary of State, the
Government of Mexico and its political subdivisions,
for the purpose of exchanging trail information and
research, fostering trail preservation and educational
programs, providing technical assistance, and working
to establish an international historic trail with
complementary preservation and education programs in
each nation.</DELETED>
<DELETED> ``(E) Consultation.--The Secretary of the
Interior shall consult with appropriate State agencies
in the the planning, development, and maintenance of El
Camino Real de los Tejas National Historic
Trail.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de los Tejas National
Historic Trail Act''.
SEC. 2. DESIGNATION OF EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC
TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(24) El camino real de los tejas national historic trail.--
``(A) In general.--El Camino Real de los Tejas (the Royal
Road to the Tejas) National Historic Trail, a combination of
historic routes (including the Old San Antonio Road) totaling
approximately 2,580 miles, extending from the Rio Grande near
Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana, as
generally depicted on the map entitled `El Camino Real de los
Tejas' contained in the report entitled `National Historic
Trail Feasibility Study and Environmental Assessment: El Camino
Real de los Tejas, Texas-Louisiana', dated July 1998.
``(B) Map.--A map generally depicting the trail shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.
``(C) Administration.--(i) The Secretary of the Interior
(referred to in this paragraph as `the Secretary') shall
administer the trail.
``(ii) The Secretary shall administer those portions of the
trail on non-Federal land only with the consent of the owner of
such land and when such trail portion qualifies for
certification as an officially established component of the
trail, consistent with section 3(a)(3). An owner's approval of
a certification agreement shall satisfy the consent
requirement. A certification agreement may be terminated at any
time.
``(iii) The designation of the trail does not authorize any
person to enter private property without the consent of the
owner.
``(D) Consultation.--The Secretary shall consult with
appropriate State and local agencies in the planning and
development of the trail.
``(E) Coordination of activities.--The Secretary may
coordinate with United States and Mexican public and
nongovernmental organizations, academic institutions, and, in
consultation with the Secretary of State, the Government of
Mexico and its political subdivisions, for the purpose of
exchanging trail information and research, fostering trail
preservation and educational programs, providing technical
assistance, and working to establish an international historic
trail with complementary preservation and education programs in
each nation.
``(F) Land acquisition.--The United States shall not
acquire for the trail any land or interest in land outside the
exterior boundary of any federally-administered area without
the consent of the owner of the land or interest in land.''.
Calendar No. 677
108th CONGRESS
2d Session
S. 2052
[Report No. 108-321]
_______________________________________________________________________
A BILL
To amend the National Trails System Act to designate El Camino Real de
los Tejas as a National Historic Trail.
_______________________________________________________________________
August 25, 2004
Reported with an amendment